Saithoon.P.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.S.Saithoon ... Petitioner vs.

1.The District Collector, Office of the District Collector, Trichirapalli District, Trichirappalli.

2.The Sub Registrar O/o. the Sub- Registrar Office, K.Sathanur, Tiruchirappalli District 620 021. 3.Jareena 4.Afsal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st Respondent to complete the proceedings of the petition filed by the petitioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against the respondents No.3 and 4, consequentially direct the 2nd respondent to cancel the Registered Settlement Deed Document No. 78/2018 dated 08.01.2018 by considering the petitioner's petition dated 27.09.2021, within the period stipulated by this Court. 1/5

For Petitioner :Mr.A.Haja Mohideen For R1 and R2 :Mr.A.K.Manikkam Special Government Pleader For R3 and R4 :Mr.G.Anto Prince *****

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the official respondents to deal with the petition/complaint given by the petitioner, wherein, the petitioner has sought for the cancellation of the settlement deed dated 08.01.2018 made in favour of the third and fourth respondents 2.Heard Mr.A.Haja Mohideen, learned Counsel appearing on behalf of the petitioner, Mr.A.K.Manikkam, learned Special Government Pleader appearing on behalf of the first and second respondents Mr.G.Anto Prince, learned Counsel appearing on behalf of the third and fourth respondents.

3.In the considered view of this Court, the petitioner is seeking for a relief under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against the third and fourth respondents. On going 2/5

through the records, it is seen that the representation/complaint has been given only to the first and second respondents. The appropriate authority, who can handle any petition/complaint under the Act, is only the Revenue Divisional Officer. The petitioner has not given any complaint before the concerned authority. Therefore, the relief sought for by the petitioner cannot be granted by this Court.

4.It is left open to the petitioner to make an appropriate petition/complaint before the concerned authority, viz., the Revenue Divisional Officer and upon such complaint, the Revenue Divisional Officer can deal with the same by enquiring all the necessary/interested parties and pass orders strictly in accordance with law. 5.This Writ Petition is disposed of in the above terms. No costs. Index :Yes / No 15.11.2023 Internet :Yes / No NCC :Yes / No cmr 3/5

To 1.The District Collector, Office of the District Collector, Trichirapalli District, Trichirappalli.

2.The Sub Registrar O/o. the Sub- Registrar Office, K.Sathanur, Tiruchirappalli District 620 021. 4/5

N.ANAND VENKATESH, J.

cmr 15.11.2023 5/5